- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Abbas Ali with a prayer that he may be released on bail in Case Crime No. 80 of 2006 under Sections 498-A, 304-B I. P. C. and 3/4 D. P. Act P. S. Balua District Chandauli.
(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Mohd. Faiyaz Ansari at P. S. Balua District Chandauli on 4-7-2006 at about 15. 15 p. m. in respect of the incident which had occurred on 1-7-2006. THE F. I. R. has been lodged against the applicant and 8 other co-accused persons alleging therein that the marriage of the deceased Smt. Kusum Nisha was solemnized with the co- accused Ashraf Ali Ansari, son of the applicant in the year 2000. After three or four days of her marriage, the applicant and others co-accused persons demanded motor cycle and Rs. 1 lac as dowry and to fulfill the same, they were subjecting the deceased to cruelty. Its information was given to the first informant and his family members, they tried to persuade the in laws of the deceased and refused to full fill the demand of dowry. THErefore, they became to much annoyed and the deceased was sent to the house of the first informant by her in laws and asked that till the demand of dowry is not fulfilled, she shall not be kept by them. For about 4 years the first informant and his family members made efforts to persuade her in laws but they could not be persuaded. In the meantime at the pretext of illness of co-accused Mohd. Ashraf, husband of the deceased, the applicant has taken to the deceased from the house of the first informant. THEreafter, on 1-7-2006 the first informant got a telephonic message that his sister has been burnt and she has been taken to Varanasi for treatment. THE deceased was admitted in Midway Hospital at Varanasi in a badly burnt condition but she succumbed to her injuries on 3-7-2006 at about 8. 30 p. m. in the hospital during the treatment. THE inquest report of the dead-body was prepared, then the F. I. R. has been lodged by the first informant. According to the first medial examination report of the deceased she has received superficial to deep burn injuries. According to the post-mortem examination report, the deceased has received dermal and epidermal burn injuries. The cause of death was shock as a result of external burn injuries. The deceased was having four weeks pregnancy. The dying declaration of the deceased was also recorded on 16-7- 2006 (sic ). Heard Sri Manish Tiwari, and Sri A. K. Awasthi, learned Counsel for the applicant; learned A. G. A. and Sri Sayed Ali Imam, learned Counsel for the complainant.
(3.) IT is contended by the learned Counsel for the applicant that the year of the marriage i. e. 2000 has been wrongly mentioned in the F. I. R. In fact; her marriage was performed with the son of the applicant on 15-5-1996. The name of the deceased was available in the Voter list for the year 1999 at serial No. 115. Thus, the deceased has died after 10 years of her marriage. Therefore, the offence under Section 304-B I. P. C. is not made out. IT is further contended that the conduct of the applicant and his family members was above board, because the information about this incident was given to the first informant and she was admitted to S. S. P. G. Hospital, Varanasi to provide proper medical aid and thereafter she was shifted to Midway Hospital, Varanasi. The deceased was admitted to the hospital on 1-7-2006 and the first informant and his family members also reached there and she was tutored by them to give a false statement against the applicant and others. Consequently, after 15 days of the alleged occurrence, her statement was recorded on 16-7-2006, which is delayed and tutored statement and no importance should be given to such dying declaration. There are general allegation in the F. I. R. against the applicant and other co-accused persons. There is no specific allegations against the applicant and the deceased was having no concern with the alleged demand of dowry and he has not subjected the deceased to cruelty. The deceased was caught by fire accidentally and nobody has set her on fire. The F. I. R. is delayed by four days and there is no plausible explanation of delay in lodging the F. I. R. because the first informant wanted to extract money from the applicant and his family members but it was denied by the applicant. The applicant, who is father-in-law of the deceased, is an old man and the co-accused Smt. Firoza has been released on bail by the learned Sessions Judge Chandauli on 30-8-2006, the applicant is innocent and he has not committed the alleged offence, therefore, he may be released on bail. In reply to the above contentions it is submitted by the learned A. G. A. and the learned Counsel for the complainant that the marriage of the deceased was solemnized in the year 2000. There was specific demand of dowry and to fulfill the same she was subjected to cruelty. The deceased was sent to her parents house where she lived for about 4 years thereafter the applicant brought the deceased to her house where she has been put on fire, the cause of death is unnatural and there is no evidence to show that the deceased caught fire accidentally. The deceased was taken to the hospital by her husband at his saying it was mentioned in the bed head ticket of the hospital that the deceased sustained thermal burn from dhebri. There is a dying declaration of the deceased in which she clearly stated that she received the burn injuries on 30-6-2006 at about 5. 00 p. m. she was beaten continuously by her mother-in-law (Sas) and Nanad and even proper food was not provided to her, her mother-in-law poured kerosene oil and Nanad Asma Begum set the deceased on fire at that time her husband was not present at the house but the applicant was present there and her marriage was solemnized about 6 years back and after three years of her marriage she had gone to her husband house. It is further contended that it has been wrongly contended that the name of the deceased was entered into the voter list of the year 1999 was serial No. 115 whereas at serial No. 115 the name of Kusum Bibi wife of Mukhtar Ahmad is mentioned and nowhere the name of the deceased is mentioned in the voter list. The applicant is not an old man. He is hale and hearty person being the head of the family, he is having more responsibility. The deceased has also died within 7 years of her marriage. The dead was unnatural and on the basis of the allegation made against the applicant the offence punishable under Section 304-B I. P. C. is clearly made out. In case he is released on bail he may tamper with the evidence.;